[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)]
[Notices]
[Pages 41661-41663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20378]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR
[Docket No. NRTL-1-88]


MET Laboratories, Inc.

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Notice of Requests for: (1) Renewal of Recognition as a 
Nationally Recognized Testing Laboratory; and (2) Expansion of 
Recognition as a Nationally Recognized Testing Laboratory, and 
Preliminary Finding.

-----------------------------------------------------------------------

SUMMARY: This notice announces the applications of MET Laboratories, 
Inc. for: (1) Renewal of its recognition as a Nationally Recognized 
Testing Laboratory (NRTL) under 29 CFR 1910.7; and (2) expansion as a 
NRTL under 29 CFR 1910.7, and presents the Agency's preliminary 
finding.

DATES: The last date for interested parties to submit comments is 
October 8, 1996.

ADDRESSES: Send comments to: NRTL Recognition Program, Occupational 
Safety and Health Administration, U.S. Department of Labor--Room N3653, 
200 Constitution Avenue, N.W., Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT:
Office of Variance Determination, NRTL Recognition Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, N.W., Room N3653, Washington, D.C. 
20210.

SUPPLEMENTARY INFORMATION:

Notice of Application

    Notice is hereby given that MET Laboratories, Inc. (MET), which 
previously made application pursuant to section 6(b) of the 
Occupational Safety and Health Act of 1970, (84 Stat. 1593, 29 U.S.C. 
655), Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 
1910.7, for recognition as a Nationally Recognized Testing Laboratory 
(see 53 FR 49258 12/6/88), and was so recognized (see 54 FR 21136, 5/
16/89), has made application for: (1) Renewal, and (2) expansion of its 
recognition as a Nationally Recognized Testing Laboratory for the 
programs and procedures and the equipment or materials listed below.
    The address of the laboratory covered by this application is: MET 
Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland 
21230.

Background

    This Federal Register notice is a compilation of four separate 
applications from MET Laboratories, Inc., as follows:
    (1) Application for renewal of recognition as a Nationally 
Recognized Testing Laboratory, dated August 17, 1993;
    (2) Application for expansion of recognition as a Nationally 
Recognized Testing Laboratory for additional standards, dated February 
1, 1994, and amended May 31, 1994, and March 18, 1996;
    (3) Application for expansion of recognition as a Nationally 
Recognized Testing Laboratory for additional standards, dated January 
16, 1995; and,
    (4) Application for expansion of recognition as a Nationally 
Recognized Testing Laboratory for additional programs and procedures, 
dated August 9, 1995, and amended October 17, 1995 and March 11, 1996.
    In addition, applications (2) and (3) have also been combined for 
purposes of convenience. Therefore, the areas that will be discussed 
relate to the renewal of MET's recognition as a NRTL, and the expansion 
of MET's NRTL recognition for both the addition of test standards and 
programs and procedures.
    A report prepared by the NRTL Program Lead Assessor, dated March 
28, 1996, contains recommendations concerned with all of the areas of 
MET's request for renewal and expansion of its recognition as a 
Nationally Recognized Testing Laboratory.

Renewal of NRTL Recognition

    Appendix A to 29 CFR 1910.7 stipulates that the initial period of 
recognition of a NRTL is five years and

[[Page 41662]]

that a NRTL may renew its recognition by applying not less than nine 
months, nor more than one year, before the expiration date of its 
current recognition. MET was recognized as a NRTL on May 16, 1989, and 
applied for a renewal of its recognition on August 17, 1993, within the 
time allotted, and retains its recognition pending OSHA's final 
decision in this renewal process.

Expansion of Recognition--Test Standards

    MET Laboratories, Inc., desires recognition for testing and 
certification of products when tested for compliance with the following 
test standards, which are appropriate within the meaning of 29 CFR 
1910.7(c):

UL 416--Refrigerated Medical Equipment
ANSI/UL 469--Musical Instruments and Accessories
ANSI/UL 751--Vending Machines
ANSI/UL 923--Microwave Cooking Appliances
UL 1492--Audio-Video Products and Accessories
UL 1604--Electrical Equipment for Use in Class I and II, Division 2, 
and Class III Hazardous (Classified) Locations
ANSI/UL 1638--Visual Signaling Appliances--Private Mode Emergency 
and General Utility Signaling
UL 1950--Safety of Information Technology Equipment, Including 
Electrical Business Equipment
UL 1995--Heating and Cooling Equipment
UL 2601-1--Medical Electrical Equipment, Part 1: General 
Requirements for Safety
UL 3101-1--Electrical Equipment for Laboratory Use; Part 1: General 
Requirements
UL 3111-1--Electrical Measuring and Test Equipment; Part 1: General 
Requirements

    The NRTL Recognition program staff made an in-depth study of the 
details of MET's original application for recognition, as well as its 
requests for expansion, and the original and renewal onsite assessments 
and determined that MET had the staff capability and the necessary 
equipment to conduct testing of products using the proposed test 
standards. The NRTL staff determined that an additional on-site review 
was not necessary since the proposed additional test standards were 
closely related to MET's current areas of recognition.

Expansion of Recognition--Programs and Procedures

    MET Laboratories, Inc., requested expansion of its recognition, 
based upon the conditions as detailed in the Federal Register document 
titled ``Nationally Recognized Testing Laboratories; Clarification of 
the Types of Programs and Procedures'', 60 FR 12980, 3/9/95, for the 
following programs and procedures:
1. Acceptance of testing data from independent organizations, other 
than NRTLs
    MET states that it will retain control of and be responsible for 
all aspects of the product certification scheme. In addition, the 
applicant assure that all data in the test package is complete and that 
the organization is competent to conduct the tests of the product that 
it is accepting.
2. Acceptance of product evaluations from independent organizations, 
other than NRTLs
    MET requests to be allowed to expand its scope to accept product 
evaluations from independent organizations after it has determined that 
such organizations are qualified to conduct the tests and perform the 
evaluations. The applicant states that it will maintain control of and 
be responsible for all aspects of the product certification scheme. MET 
will review the evaluations to assure that the requirements in the 
standard have been complied with prior to certifying the product.
3. Acceptance of witnessed testing data
    The applicant requests authority to carry out test programs at 
locations other than its own facility when it cannot accommodate the 
test product or program. MET will require that the tests be performed 
in the presence of qualified MET representatives, trained and 
experienced in testing the product type and with the standard used to 
evaluate the product. The applicant also states that the organization 
performing the testing shall have been audited by MET and that MET will 
retain control of and be responsible for all aspects of the project.
4. Acceptance of testing data from non-independent organizations
    The applicant requests that it be permitted to accept test data 
from non-independent organizations such as the manufacturer of the 
products to be certified. MET has stated that it will assess the 
facility for its ability to perform accurate and complete tests. MET 
also anticipates the need for a one-year confidence building time 
period during which time it will perform witness testing and follow-up 
inspections of the organization.
5. Acceptance of evaluation data from non-independent organizations 
(requiring NRTL review prior to marketing)
    MET requests that it be allowed to accept evaluations from non-
independent organizations after it has instituted very strict controls 
over such organizations. The applicant states that it will retain 
control of and be responsible for all aspects of the product 
certification scheme. MET will also institute very strict controls over 
the organization and will also assure that it has a quality program in 
place that has been registered by a recognized registrar. MET further 
states that it will develop a procedure to assure that no product can 
be released to the market until it has concurred with the evaluation.
6. Acceptance of continued certification following minor modifications 
by the client
    The applicant asks that it be authorized to permit a manufacturer 
to make a minor modification to a product and self-declare conformity 
with the standard and continue to market the product. MET states that 
it will provide guidance to the manufacturer on what modifications may 
be permitted for a specific product. MET states further that it shall 
be kept informed of the modifications and shall at the next follow-up 
inspection (within 90 days) review them prior to granting its official 
approval.
7. Acceptance of product evaluations from organizations that function 
as part of the International Electrotechnical Commission Certification 
Body (IEC-CB) Scheme
    MET states that in every case the National Certification Body must 
prove to a team of auditors that it is independent and free of conflict 
of interest. MET will retain control of and be responsible for all 
aspects of the products to be certified, as well as review and evaluate 
each test report to assure that the correct U.S. national standard and 
applicable deviations have been applied. The applicant further states 
that it will inspect the product and assure that all of its components 
have been certified by an agency that performs continuous surveillance 
of the component manufacturer.
8. Acceptance of services other than testing or evaluation performed by 
subcontractors or agents
    MET requests that it be allowed to utilize the services of 
subcontractors or agents in its follow-up program. The applicant states 
that follow-up inspections, performed around the world on a quarterly 
basis, are done by MET direct employees or personnel who have been 
specifically trained by MET for this purpose, using its procedures and 
format. Follow-up inspectors are always either independent agents who 
work exclusively for MET or are

[[Page 41663]]

associated with another independent laboratory with knowledge of the 
products and product test standards. The applicant states further that 
all follow-up reports come directly to MET for review and analysis and 
that, under this procedure, it always maintains control of the 
certification program.

Preliminary Finding

    Based upon a review of the completed application file and the 
recommendation of the staff, the Assistant Secretary has made a 
preliminary finding that the MET Laboratories, Inc. facility for which 
both renewal and expansion of its recognition was requested (Baltimore, 
Maryland) can meet the requirements as prescribed by 29 CFR 1910.7.
    All interested members of the public are invited to supply detailed 
reasons and evidence supporting or challenging the sufficiency of the 
applicant's having met the requirements for renewal and expansion of 
its recognition as a Nationally Recognized Testing Laboratory, as 
required by 29 CFR 1910.7 and Appendix A to 29 CFR 1910.7. Submission 
of pertinent written documents and exhibits shall be made no later than 
October 8, 1996 and must be addressed to the NRTL Recognition Program, 
Office of Variance Determination, Room N 3653, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210. Copies of the MET application, the 
laboratory survey reports, and all submitted comments, as received, 
(Docket No. NRTL-1-88), are available for inspection and duplication at 
the Docket Office, Room N 2634, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address.
    The Assistant Secretary's final decision on whether the applicant 
(MET Laboratories, Inc.) satisfies the requirements for renewal and 
expansion of its recognition as an NRTL will be made on the basis of 
the entire record including the public submissions and any further 
proceedings that the Assistant Secretary may consider appropriate in 
accordance with Appendix A to Section 1910.7.

    Signed at Washington, DC. this 5th day of August, 1996.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 96-20378 Filed 8-8-96; 8:45 am]
BILLING CODE 4510-26-M